If this is your first visit, be sure to
check out the FAQ by clicking the
link above. You may have to register
before you can post: click the register link above to proceed. To start viewing messages,
select the forum that you want to visit from the selection below.

“Open Availabiltiy”

02-24-2018, 05:50 PM

Hello,
i am a teacher at a private college in CA. I also work part time at a state school only one day a week. Two years ago, the private school has made me a salaried employee, even though my classes and hours did not change. I had been teaching 6-8 classes per semester per year for years now. Kind of hard to have me teach more.
Recently HR has been pressuring me to quit the state school, citing having “open availability” in my contract. At the same time, they refuse to compensate me for the loss in wages. I have been working my loaded teaching schedule for years and teaching at the college without incident. For the past three semesters, I’ve had to fight with them about this. The term “open availability” being the red flag, how am I meant to interpret this? Is this a form of exclusivity? If they force the situation further, I don’t really know what to do. Has anyone here ever experienced this?

Comment

The school is quite far from where I live so they schedule my classes for one day to ease the commute. I have been working both schools for years, but recently the private school is trying to get me to quit the state school citing open availability, conflict of interest, exclusivity — but my workload and responsibilities at the private school would not change, nor would my pay. I don’t know why they’re trying to have me quit. When the issue comes up, I don’t think they have a strong reason either, because I’ve prevailed every time. It does cause a lot of stress though.

Comment

It’s the state school and myself chose that one day. At the private school, I still work 5-6 days a week, teach up to 8 bachelor and masters classes and all prep and grading work. Typically I work 30-40hrs per week at the private school and have usually only Sunday off.

Comment

I can't give you a definite answer since I can't read your contract with either school. However, the possibility exists that the private school wants to change your hours and is being blocked from doing so because of the time you're working at the state school. If you're supposed to have open availability with the private school, and you don't, that very well might be a contract violation - on your part. I would recommend that you have your contract reviewed by an attorney in your state as quickly as possible.

The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. Please note that some of our forums also serve as mirrors to Usenet newsgroups. Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk.com